Freedom of Religion: the Contribution of Contemporary Iranian Reformist Scholars
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religions Article Freedom of Religion: The Contribution of Contemporary Iranian Reformist Scholars Ali Akbar Asia Institute, University of Melbourne, Parkville, VIC 3010, Australia; [email protected] Abstract: This article examines a specific line of thinking shared by several contemporary reformist Iranian religious scholars who present arguments in favor of freedom of religion. Focusing on the ideas of five prominent reformist Iranian scholars—Abdolkarim Soroush (b.1945), Muhammad Mujtahed Shabestari (b.1936), Hasan Yousefi Eshkevari (b.1950), Mohsen Kadivar (b.1959), and Ahmad Qabel (d.2012)—the article argues that these thinkers’ defense of freedom of religion is based “ not only on their interpretations of the Qur an¯ and historical Islamic sources, but also philosophical arguments in which concepts from the fields of epistemology and hermeneutics are deployed. As the article demonstrates, some of these scholars connect the notion of freedom of religion to political arguments supporting religious tolerance, or the view that, in order to guarantee religious freedom, the state must be neutral towards the religious orientation of its citizens. Keywords: freedom of religion; Iranian reformist scholars; Soroush; Shabestari; Eshkevari; Kadivar; Qabel 1. Introduction This article explores the ideas of several Iranian reformist scholars and the methods Citation: Akbar, Ali. 2021. Freedom they use to argue in favor of religious freedom. The scholars whose ideas are discussed in of Religion: The Contribution of this article are Abdolkarim Soroush (b.1945), Muhammad Mujtahed Shabestari (b.1936), Contemporary Iranian Reformist Hasan Yousefi Eshkevari (b.1950), Mohsen Kadivar (b.1959), and Ahmad Qabel (d.2012). Scholars. Religions 12: 384. https:// All of these scholars except for Qabel are still living. While Soroush, Eshkevari, and Kadi- doi.org/10.3390/rel12060384 var live in exile, Shabestari lives in Iran. These scholars belong to a broader movement identified as “religious intellectualism” (rowshanfekri-e dini)—a trend of thinking that argues Academic Editor: Mojtaba Mahdavi for a more pluralistic reading of religious texts, opposes any attempt by the state to claim monopoly over religious truths, and favors the promotion of a civil and nonreligious state Received: 28 March 2021 (Jahanbakhsh 2004; Bayat 2013). The ideas of these scholars stand in sharp contrast to those Accepted: 20 May 2021 of traditionalist clergy and thinkers in Iran. The reformist scholars often adopt a contextual- Published: 26 May 2021 “ ist approach to interpreting the Qur an—an¯ approach that requires consideration of the text alongside the circumstances or conditions that existed at the time of the revelation of the “ Publisher’s Note: MDPI stays neutral “ with regard to jurisdictional claims in Qur an.¯ For them, many Qur anic¯ teachings that concern social, political, and legal matters are context-specific, and cannot necessarily be implemented in all times and places includ- published maps and institutional affil- “ iations. ing the contemporary era (for their ideas about the Qur an¯ see Akbar and Saeed 2018, 2020; for this type of approach among Muslim scholars see Akbar 2019). By contrast, conser- “ vatives often argue for the immutability of many of the Qur an’s¯ teachings on socio-legal issues. As one conservative theologian and instructor at the howzah of Qom notes, “Not all “ changes lead to changes in the nature of Qur anic¯ commandments ... we cannot ignore the Copyright: © 2021 by the author. “ Licensee MDPI, Basel, Switzerland. injunctions of the Shari a based on external and contextual changes, and instead replace the unshakable commands of the Shari a“ with conjectures and guesses” (Kamrava 2008, p. 91). This article is an open access article “ distributed under the terms and Unlike reformist scholars, who often argue that the Qur an¯ should be interpreted in light conditions of the Creative Commons of the condition of the new age, conservatives maintain that reinterpretation of primary sources of religion is unnecessary, with some arguing against the notion of “multiple Attribution (CC BY) license (https:// “ creativecommons.org/licenses/by/ interpretations” of the Qur an¯ (see Ghamari-Tabrizi 2008, p. 217) and some rejecting the 4.0/). concept of a “pluralist reading of Islam” (see Bayat 2007, p. 113). Religions 2021, 12, 384. https://doi.org/10.3390/rel12060384 https://www.mdpi.com/journal/religions Religions 2021, 12, 384 2 of 14 This article does not seek to examine the ideas of the aforementioned reformist schol- ars in detail but instead to explore some of the broader concerns that unite their work, specifically with respect to the question of freedom of religion. The article first explores the importance of the notion of freedom of religion in international laws and then provides a brief history of freedom of religion in Iran. The article then includes four main sections in which the thematic arguments presented by these scholars in their defense of freedom of religion are analyzed. Sections1 and2 concern their arguments supporting the right to change one’s religion; Section3 explores their understanding of freedom of religion from a philosophical and political perspective; and Section4 explains how the specific understanding of the notion of “faith” (iman¯ ) presented by some of these scholars—namely Soroush and Shabestari—has led them to argue in favor of freedom of religion. The notion of freedom of religion as discussed in this article includes three key elements: (1) the right of citizens, including lay intellectuals and clerics, to express their religious beliefs, including ideas that might seem to be unorthodox about religious texts, “ such as the Qur an¯ (I refer this as to “freedom of interpretation”); (2) the right of citizens to change their religions and convert to unbelief or another religion (“freedom of conversion”); and (3) the right of religious minorities to practice their religion freely and without coercion, as well as their rights to be treated similarly to the adherents of other religions, including those who comprise the majority of the population (“religious freedom for minorities”). For the purpose of this article, religious minorities are simply defined as any group of individuals whose religion is different from that of the majority population. It is useful to indicate from the outset that the scholars whose ideas are discussed in this article have often lamented Muslim thinkers’ failure to promote or discuss freedom of religion. For example, Mohsen Kadivar(2009a, p. 128) states, “Religious scholars have not paid sufficient attention to the issue of freedom of religion and belief, therefore failing to construct an analytical framework for its understanding and exploration”. Kadivar(2009a, p. 126) continues, “most available interpretations of Islam do not welcome the freedom of religion and belief”. Qabel(2013, p. 143) argued that most ulama¯ deny freedom of religion by a specific reading of the primary sources of Islam and demand the death penalty for apostasy. Eshkevari(2013) argues that emphasis on the freedom of religion is a way to promote peace, friendship, equality, and justice and to reduce hostility and discrimination. Therefore, the promotion of freedom of religion is necessary, though this is not promoted by the majority of fuqaha¯ today. 2. Freedom of Religion in an International Context The right to freedom of thought, conscience, and religion is recognized in Article 18 of the Universal Declaration of Human Rights (UDHR), which states: “Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance” (UN General Assembly 1948). This Article of the Universal Declaration of Human Rights acknowledges the in- teraction between freedoms of religion or belief and other basic human rights such as freedom of thought and conscience. The right to freedom of religion was also recog- nized in the International Covenant on Civil and Political Rights (ICCPR) adopted in 1966 (UN General Assembly 1966). Article 18(2) of the ICCPR stipulates, “No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice”. Like the UDHR, the ICCPR in its Article 18(3) highlights the freedom to manifest one’s religion or beliefs. Articles 18(4) and 2 of the ICCPR ask state parties to respect the religious liberty of individuals within their territories. Article 18 of the UDHR influenced the emergence of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (Religion Declaration), which was adopted in November 1981 (UN Human Rights 1981). Article 4 of the 1981 Religion Declaration asks all states to “take all appropriate measures to Religions 2021, 12, 384 3 of 14 combat intolerance on the grounds of religion or other beliefs”. The Declaration condemns “intolerance and discrimination based on religion or belief” (Article 2), stipulating that any form of discrimination “between human beings on the grounds of religion or belief” not only constitutes “an affront to human dignity”, but is also “a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights” and “an obstacle to friendly and peaceful relations between nations” (Article 3). While the 1981 Religion Declaration does not explicitly refer to religious minorities, Ar- ticle 27 of the ICCPR states: “In those States in which ethnic, religious, or linguistic minori- ties exist, persons belonging to such minorities shall not be denied the right ... to enjoy their own culture, [and] to profess and practise their own religion” (UN General Assembly 1966). Various articles of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities adopted on 18 December 1992 acknowledge the rights of religious minorities as well (UN Human Rights 1992).